[Editor’s Note: This is the fifth entry in our symposium on “The Legacy of Chief Justice Beverley McLachlin.” We are grateful to our six symposium participants for their contributions to this special series of reflections on Canada’s retiring Chief Justice. The introduction to our symposium is available here. Part I of our symposium is available here,

Constitutionalizing Canada’s Supreme Court
—Robert Leckey, McGill University A dispute over the legality of a politically questionable judicial appointment has resulted in what pundits call a stinging defeat for Canada’s prime minister and a bold assertion by the Supreme Court of Canada of its independence and constitutional status. Last week, in Reference re Supreme Court Act, ss. 5 and